Family Law Prof Blog

From BBC News: A referendum will take place on 25 May on whether to reform Ireland's strict abortion laws. The vote will decide whether to repeal a constitutional amendment that effectively bans terminations. It will be the country's sixth…

From CNN: Come May 25, Ireland will go to the polls in a referendum on whether to repeal the Eighth Amendment to the Constitution, which says a fetus has an equal right to life as the mother. A yes vote...

When the text of a contract supplies the answer to a dispute between the parties, there is no justifiable reason to consider extraneous source

Law Lessons from Cent. Bergen Props. v. Shaf Int’l, Inc., N.J. Super. Law Div. (Wilson, J.) (March 29, 2018), DOCKET NO. BER-L-1043-17: When the text of a contract supplies the answer to a dispute between the parties, there is…

Did your spouse acquire an interest in your separate property home or vice-versa? (Moore-Marsden)

You or your spouse bought a house before getting married. You and/or your spouse used your salaries, bonuses or passive income earned during marriage to make improvements or pay the mortgage. Now, you’re legally separating or…

As a divorced-divorce lawyer, I know firsthand that divorce can knock the wind out of your sails, and kick you when you’re down. Over the last thirty years, I’ve been engaged, married, divorced, and cohabited. I made the…

What’s the first thing to do in a divorce after your spouse utters the “D” word?

After twenty years of marriage, the best family vacation ever, or one of your usual fights, your spouse says, “I want a divorce.” You feel a thump in your chest like your heart hit your rib cage. The blood coursing through your…

ADHD’s not just for kids; experts estimate that four percent of the adult population in the United States lives with the disorder. Some mask symptoms well; others find themselves in a state of constant disarray. For many, this spills…

Separation and divorce are increasingly common among seniors. From pensions to placement in assisted living facilities, these splits hold unique repercussions for older couples. Not all complications involve retirement, however. If your…

Your ideal attorney needs so much more than a long resume. This person should share your most cherished values. How do you determine what values, exactly, your most promising legal prospects hold? Read on to find out: Determine What You…

Abusers sometimes use false allegations of parental alienation against the protective parent to help deflect away from the abuse allegations and to turn the tables on the protective parent. Unfortunately, it works. Thus, as a protective…

DadsDivorce

Question: My son has really struggled academically over the last couple years since his mom and I divorced. He has persistently expressed the desire to come live with me so he can get better help in school. My wife and I have discussed this…

Children of divorce are forced to adjust to so many dramatic changes. As difficult as your divorce might be for you, at least you have the prospect of starting your life anew and escaping an unhappy relationship. Children of divorce must…

Research tells us that children of divorce face many risks. It is a major challenge for kids to cope with the drastic change that is inevitable after their parents split and that adjustment is even tougher if they are exposed to the conflict…

How Do You Make a Smart Decision About Something Deeply Personal? A Look At the Science

You make important decisions every day, but not all hold the same emotional weight. Personal decisions can be uniquely difficult to make; what if your emotions steer you the wrong way? No worries; the latest research offers valuable…

An unfortunate fact of foster care and adoption: many children are separated not only from their birth parents, but also from their siblings. This problem can be mitigated by parents who adopt multiple children at once, but it takes a special…

Utter the phrase 'paternity testing' and you might picture a chaotic scene straight from Maury. In the real world, however, paternity testing looks little like the drama-heavy version portrayed on television. Dealing with paternity issues?…

Kevin Hickey Law Blog

Narcissists. They’re everywhere. Many of them are well-loved, charming, charismatic people with devoted followers. In fact, they have a line of would-be followers that seems endless. The chances are high that you’ve date one, and…

Trunk or Treat? The traditional door-to-door outing? Then, there’s the costume decision–you know it changes at least three times–a princess? A jedi? A dragon? A ninja? A ninja-princess-dragon? Your kids relish the magic…

I read a lot about divorce. A lot. There’s good information out there, and then there’s absolute crap. Many sites post stuff I just consider “filler.” I usually skim over the filler and head for the information I need…

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job SSR 64-47c The claimant, a high school graduate who had worked in various capacities in carpentry, including foreman and…

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job SSR 64-47c The claimant, a high school graduate who had worked in various capacities in carpentry, including foreman and…

How to win my disability case for a lupus diagnosis? Systemic lupus erythematosus, or simply lupus, is evaluated in the immune system section of the Disability Evaluation Under Social Security disability handbook, more commonly known as the…

Learn About Law

Law can be complicated and hard to navigate, which is why we’re here to help make it easier to understand. In Learn About Law, our weekly podcast and videoblog, attorney Kevin O’Flaherty covers various aspects and areas of the law in a way you don’t need a law degree to understand. From estate planning to family law, you can gain the knowledge you need to help you with your legal issue or to simply fulfill your curiosity.

In this article, we will examine the important details of Illinois parenting plans to determine the allocation of parenting time and responsibility in divorce and paternity cases, including how to file a parenting plan, what’s typically…

In this article we will explain the forms necessary for a couple to file for a divorce in Illinois, including “where to find the required forms for an Illinois divorce,” “What are the Required Forms for an Illinois…

In this article, we will explain how to respond to a restraining order or order of protection in Illinois, including how to file a response to an Illinois restraining order, what to do at the court hearing, and your right to appeal if the…

A gun trust can be used to stay in compliance with federal, state, and local laws that apply to certain firearms. These trusts may be called NFA Gun Trusts because they are used for weapons covered by the National Firearms Act. Without a gun…

We have all seen this scenario play out on TV: the cops approach a suspect, the suspect immediately begins to flee, and, as he flees, he throws down drugs or a weapon. Undoubtedly, the cops giving chase will find the drugs and attempt…

Once a court approves your child custody order, it is legally binding on both parties. Neither parent can decide to disregard the custody order without taking the appropriate steps to request a modification to the order. But what if your ex…

Today a judge in New York ordered “deadbeat” son Michael Rotondo to “get a life” and move out. Rotondo, an unemployed millennial, has taken advantage of his parent’s goodwill for over 8 years with nary a…

Extra Fee for Excellent Result in Family Law Case Denied by Ontario Court

The law in Canada generally prohibits lawyers from entering into a contingency fee agreement with clients in family law cases. In Ontario there is an absolute prohibition, while in British Columbia, it is permissible so long as the matter…

In a sensible decision handed down today by the BC Court of Appeal, (Sandy v. Sandy 2018 BCCA 182) a former spouse has learned that the trial judge’s order that she could come back to the “well” after a final settlement of…

When you allow your child to travel out of the country without you, what you don't know about that country's law may affect your rights if the child doesn't come home. Read more about how the Hague Convention may affect your custody rights.

Divorce and other South Carolina family court cases can be very stressful, but there are ways to control that stress by focusing on things that you can control during the process. Read our blog to find out more.

Family Law & Divorce Information in Houston, Texas

Michael Busby
There comes a point in almost every marriage where the married couple just can’t seem to reach reconciliation. In some cases, this period doesn’t pass at all, and the brooding unrest leads to required divorce……

How can you Establish Legal Paternity and Rights and Obligations thereof in Houston?

Michael Busby
One of the ranging debates in and out of courts is how best the legislation can enshrine the legal rights of a man proved to be the blood relation of a child. A lot of lawsuits have been brought to the Houston courts to…

Michael Busby
Your Jersey Village divorce lawyer may have forgotten to tell you how to be on your best behavior in court, or he may have told you some of the requirements, or he may have avoided to tell you altogether because he don’t…

As a Cobb County divorce attorney, many clients ask me what the Social Security consequences would be if they were divorced. Many questions need to be answered.
Experts at AARP and the Social Security Administration provide this…

Child Custody Blog

Disability and Child Custody - Are Disabled Parent’s Handicapped in Family Court?

Parent’s with a disability have been rightfully concerned about whether their disability can effect child custody and visitation. Many states still remain silent on this issue or do not have adequate laws to protect disabled parents in…

“At what age can a child decide which parent to live with?” This is one of the most frequently asked questions among parents involved in a child custody and visitation situation. It would seem that the answer would be a simple one…

The Custody Coach™: Can a Coach Be an Advocate, Educator and…a Coach? by Mark Joyella
You’ve heard of the “coach approach.” But what, exactly, is the Child Custody Coach™ approach?
Steven Carlson says he identified the child…

If you have a family business then read the following from The Williston Herald, Family roles play a part in farm operation, succession A family death brings questions about new roles: "To help deal with in-laws, Hanson is now a firm believer…

Give Allinotte Law Office's Do you want to deal with this now or let your family deal with it later? a read. I think the article points out a few things not usually thought of when thinking of estate planning. Both the things needing…

CEB blog

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

Interrogatories play a key role in litigation: They’re used to gather potential evidence to support a party’s contentions, including facts, witnesses, and writings, or to determine what contentions an opposing party is planning to…

Landowners’ duty to maintain their premises in a reasonably safe condition has a pretty far reach, but the California Supreme Court recently curbed it. A landowner’s duty extends to all areas that (1) visitors are expressly or…

The following is a guest blog post by Ritu Goswamy, Esq. Ritu is a lawyer, author, and legal productivity consultant. Her New Billable Hour™ system allows lawyers to expand their time by billing themselves first. Ritu’s first…

Pink Tape

Last week District Judge Read (no relation) published a shocking judgment. I have been thinking about it a lot, waiting for enough quiet time to write down my thoughts about it. I am very bothered by it. The judgment is here : JY v RY…

Today seems like a good day to give you a little preview of my forthcoming book, written with Julie Doughty and Paul Magrath - the rather lovely Foreword written by Sir Andrew McFarlane, soon to be President of the Family Division…

I had to do the 'it's not my job to believe you' talk to a client recently. I thought it might be a useful topic to discuss on the blog, because it is so often a source of worry and confusion for people unfamiliar with taking advice from a…

NY Divorce Attorney Blog

Could this be the dawn of the new civil divorce? Last Friday Gov. Jay Inslee signed the Uniform Collaborative Law Act which allows couples to agree on the terms of their divorce without going to court at all. This act can save many couples…

New Divorce Audio Coaching Program Helps Parents Minimize Effects of Divorce on Their Childre

Much has been made about the effects of divorce on children. Some studies claim that children end up as alcoholics or abusers, others claim they are more prone to divorce. Regardless it is pretty obvious that divorce does have a major effect…

Porsha Stewart, the wife of former NFL star and now TV analyst Kordell Stewart, was admittedly shocked when she found out that her husband had fild for divorce. However the way it happened was even worse, imagine finding out on Twitter!? Read…

Texas Family Law Blog

Child custody is undeniably one of the major issues debated on in the wake of a divorce. In divorces that involve children, child custody and conservatorship is an issue that always comes up. One of the most commonly discussed issues…

Child support is a sensitive matter that is usually based on statutory guidelines. Unfortunately, in some cases, these statutory guidelines may not be applicable. These guidelines are from the Texas Family Code, which states the level…

Ad litem in a Texas Family Law case is unfortunately not a commonly discussed topic. You could be reading articles and finding information about child support, child custody, property division and many other common issues related to…

Disagreements between landlords and tenants are very common these days. As a result, tenants often have to vacate the property they live in. At times, the landlord’s reason for serving an eviction notice may be very strong. But at…

Life is completely unpredictable! This truism was noticed Wednesday through a fatal car crash that resulted in one death. The victim in this accident was a worker at the New York City Department of Transportation. What Exactly Happened? A DOT…

Personal injury lawyers in the Bronx generally accept personal injury cases to help victims get appropriate justice. But they don’t accept every case. As a rule, they first study the circumstances thoroughly and inquire about the…

When two people decide to divorce, one of the most common questions that comes up is the issue of the payment of maintenance , a form of spousal support in Illinois. While not every divorce will result in someone paying spousal support,…

When two people decide to divorce, one of the most common questions that come up in nearly every proceeding is the issue of spousal support, also called maintenance. While not every divorce will result in someone paying spousal support, the…

Cohabitation is a legal concept that has been around for as long as marriage, but it has only recently begun to acquire legal significance in the last two or three decades, at least in the United States. Cohabitating is done by couples who…

The Law Offices of David Stein Blog

The most prevalent form of measuring intoxication by the law enforcement is the breathalyzer. The device is designed to measure the levels of alcohol in the lungs and not in the breath. Thus a sip of alcohol and testing right after would not…

The Court of Appeals in Castillo v. U.S., decided on march 8, 2018, once again addressed, defined and further expanded certain statutory provision and language of the Voyeurism Statute. Castillo, a cleaning employee of a restaurant was…

D.C Code §23-110, the main statutory language for ineffective assistance of counsel provides for the judicial officer an authority for reversal of sentence due to “denial or infringement” of the defendant’s…

Ayo and Iken PLC General Practice Blog

Our dedicated group of attorneys at Ayo & Iken continue to make a difference in their clients lives on a day-to-day basis tackling the toughest legal situations. It has been a busy time for the firm as the cases we have tackled have run…

Social media’s domination of society is having an effect on the court system as well and experts are now starting to quantify its impact on the legal system and how attorneys will use it to benefit their clients in both criminal and…

As American writer Jonathan Franzen wrote, “nice people don’t necessarily fall in love with nice people.” If you have been married to a narcissist for any length of time, you are probably painfully aware of this fact.…

The National Center for Missing and Exploited Children has analyzed reported of patterns and trends of online child sexual predators and has compiled a report that focuses on offenders’ goals and tactics, the nature of child/offender…

Bullying can have serious, and sometimes fatal consequences. Yesterday, August 2, 2017, CBS reported on the suicide of a 12-year-old girl--Mallory Grossman--who was a straight-A student who loved gymnastics. Mallory, killed herself on June 14…

It is with some sadness to me that Chief Justice Diana Bryant of the Family Court of Australia has retired. Her Honour after being appointed as a Senior Counsel, was appointed as the first head of the then Federal Magistrates Court, before…

Tonight I attend a function recognising the service of Justice Michelle May, who is retiring after many years of service from the Family Court of Australia.I had the privilege many years ago of briefing her when she was junior counsel; and…

Government to restrict cross-examination of family violence victims by their alleged perpetrator

Attorney-General Senator George Brandis has released the following statement:protecting family violence victims from beingcross-examined by alleged perpetratorsToday, I release draft legislative amendments to the Family Law Act 1975 to…

Riverside County Family Law Blog

Covers move away rights, obtaining or defending support applications and enforcing support orders, characterizing and dividing community property, and custody and visitation rights. By Thurman W. Arnold III.

How to Present Alzheimers' and Dementia Sufferers' Cases in Divorce Proceedings - Part 1 of a Series!

Addressing Spousal Support Awards for Clients Suffering the Economic Ravages
of Dementia
By T.W. Arnold
"The bearers came to take me to my new
husband’s house, and I felt a joy all through my body
Instead the bearers have carried me…

Can Self-Defense Be Used to Defend Against Claims of Domestic Violence?

Self-Defense and Domestic Violence: Defending DV Abuse Claims and
In re Marriage of Grissom
By: Michael C. Peterson, CFLS
A trend in California appellate courts over the past ten years in domestic
violence litigation has been to…

My Spouse's Attorney Filed My Private Information With the Court! I Am Afraid of Identity Theft. What Can I Do?

Private Information, Family Law Pleadings, and CRC Rule 1.201
By: Michael C. Peterson, CFLS
Sometimes California Rules of Court outside of Title 5 (i.e. rules applicable
to family law proceedings) escape notice by family law practitioners…

Divorce is difficult, but not all divorces are created equally. Here in Tampa Bay and Greater Sarasota, more and more people are choosing to resolve their family law issues via the collaborative process. Collaborative divorce is a…

Collaborative divorce has one simple requirement: The spouses must each retain attorneys who focus solely on helping them reach an agreement on all issues. The collaborative attorneys are private problem-solving specialists, and they…

In this day of technology, it is no surprise that the court systems are moving to using an Electronic Document Management System (EDMS for short) for parties to file documents with the Court, without even setting foot in the Courthouse. The…

A New York judge recently entered an Order allowing a woman to serve her husband divorce papers via Facebook. In Iowa, generally, a competent adult must accept service or be served in-person in order accomplish proper…

If you’re not sure what the interactive process is supposed to look like under the ADA, peruse the facts of the 8th Circuit’s decision in Minnihan v. Mediacom. I’m also going to summarize the facts below, but if you…

Kentucky Family Law Blog

Louisville Magazine has printed a special edition that contains the correct, complete list of Louisville’s Top Attorneys. The list was originally printed in the March, 2013 edition, but a printing error caused a substantial portion of…

Louisville Magazine has printed a special edition that contains the correct, complete list of Louisville’s Top Attorneys. The list was originally printed in the March, 2013 edition, but a printing error caused a substantial portion of…

Legal Commentary on Proposition 8 and the Right to Marry

In May, I decided that I would need a hiatus to prepare an article on a subject unrelated to this site. I have just completed my forthcoming article for law librarians, "Ending Our Conflicts of Interest to Protect Consumers of Legal…

I regret that, for at least several weeks, I will lack time to update this site on a regular basis. I face two challenges. First, I expect to publish an article on a subject I have been thinking about for 20 years.

Getting a Florida Injunction for Protection Overturned on Appeal, Even After the Injunction Has Expired

Injunctions of protection in Florida are serious matters. They can be invaluable to the person for whom they provide vital protection. They can also have a substantial impact on the person who is restrained by their terms. Depending on the…

What Happens When Your Florida Marital Settlement Agreement is Based, in Part, on an Incorrect Assumption?

There is an old and colorful saying about the perils of making assumptions. The saying, which popped up on a 1973 episode of The Odd Couple, admonishes that you should “never assume” and reveals its lesson by separating the word…

What Can You Do When the Judge in Your Florida Divorce Issues an Order You Think Was Wrong?

Everyone who is familiar with the legal system has, at some point, encountered a judicial order or case that they thought was wrongly decided. In your family law case, it is very important to know how to respond to various situations,…

The May 23, 2018 Court of Appeals opinion in Urban v. Kerscher reverses a Family Court’s continuation of custody to third parties and returns the child to Mother. In 2014 Mother placed her daughter with Leo Kerscher and Mary Crew to…

Most family law attorneys will occasionally get contacted by an unhappy litigant who wishes to “appeal” his or her court approved agreement. The simple answer to that request is that “you can’t.” The “court…

After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of my attorney friends commented with dismay about the court’s consideration of the Grandmother’s…

State Department's Annual Report on International Child Abduction: Brazil

The U.S. State Department has recently released their annual report on International Child Abduction. Below is our fourth post in a series here focusing on the twelve countries classified as “demonstrating patterns of…

State Department's Annual Report on International Child Abduction: Brazil

The U.S. State Department has recently released their annual report on International Child Abduction. Below is our third post in a series here focusing on the twelve countries classified as “demonstrating patterns of…

State Department's Annual Report on International Child Abduction: The Bahama

The U.S. State Department has recently released their annual report on International Child Abduction. Below is our second post in a series here focusing on the twelve countries classified as “demonstrating patterns of…

Should I Get a Lawyer If The Florida Department of Children and Families (DCF) Becomes Involved in my Family Law Case?

Investigations by the Florida Department of Children and Families begin with allegations that a child or vulnerable adult has been abandoned, neglected, or abused. It is the role of the Florida Department of Children and Families to take each…

Gray Divorce – How Does Divorce Affect People Over the Age of 50 Years Old?

Gray divorces can put older Floridians in the financial red. The divorce rate for individuals over the age of 50 has doubled over the past two decades, and while other age groups have shown a decline in divorce, this age group continues to…

What is the Law as to Relocation with Children After a Florida Divorce?

Life after a divorce can be very difficult both for the co-parents and for the children of the former marriage. Part of what makes it easier is that children are still seeing both parents regularly and have the same social circles,…

Family Lore

The latest issue of the Internet Newsletter for Lawyers is now published.In this issueAccess to justice – Graham Ross of The Mediation Room reviews developments in ODR and the online courtData protection – Phil Lee of Fieldfisher…

A brief summary of the essential family law news and cases from the last week:NEWSTandem model of child representation in pubic law proceedings is working well, finds studyGuidance as to the respective roles of solicitor and guardian may be…

A quick snapshot of the latest Tweets from the family law Twitterati.Today it is all about Owens v Owens. Firstly from two of today's Supreme Court protagonists:Quote of the Day in @TimesLaw #Owens pic.twitter.com/hiRU9qDyIx— pjm1kbw…

Family Law Blog

Heard your share of
divorce horror stories? Now that it’s your turn, you don’t want to
end up with war stories of your own. You don’t want your divorce
to drag out, especially not at the cost of the marital estate! If…

Are you a parent who is headed toward
divorce? Or, are you an unmarried parent who needs to go to court to sort out a
child custody issue? Either way, you’ll be interested in learning how California’s
child custody laws apply…

Marriage – the theory is that we’re in it for life, but roughly
half of all first marriages end in
divorce in the United States. Second and subsequent marriages have an even higher
rate of divorce, which makes us ponder,…

If One Parent Has an Alcohol Problem But I Want Them Involved In My Child’s Life, How Can I Protect My Child With a Court Order?

The truth is that there are various ways that an order can be crafted to protect the children and still allow them to have an ongoing relationship with their parent that is struggling with alcohol issues,…

Very few people seeking a divorce want to see the process drag out longer than necessary. Divorces can be difficult and expensive. If you’re seeking a divorce, you likely don’t want to spend a lot of time and money in the process…

Dealing with Your Parents' Divorce as a Teenager No matter how old you might be, facing your parents' divorce is never easy. As a teenager, it can be even more challenging. Your emotions may already be running all over the place with…

How to Cope with an Uncooperative Co-Parent In a perfect world, after a divorce or separation, parents would be able to put the past behind them and come together as a team to raise happy and healthy children in a conflict-free environment.…

5 Ideas for Supervised Visitation Supervised visitation allows parents to build healthy foundations for future relationships with their children, and offers opportunities for healing past issues in a safe environment. Because of the…

Domestic Diversions

To complain or not to complain: feeding a more productive and valuable cycle

Harvard Business Review help us know what to do when we feel like complaining at work. The principles provide a road map for our other relationships as well. Peter Bregman shares 5 steps to taking effective action and writes…

The Atlantic reports on the Council of Contemporary Families’ study describing the correlation between who does that dishes and how strong a couples’ relationship is and how long it will last. The Counsil reports that women in…

With one week left before the EU’s General Data Privacy Regulation (GDPR) takes effect, we have been fielding a lot of questions about how, or if, it applies to businesses here in Lancaster. Here are three questions to help you…

Very often, a real estate developer is only active in a project until the subdivision plan is approved. At that point, the developer often sells some or all of the development rights to the builders who actually construct and sell the…

This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post. The hiring process is a key component of operating…

In a recent post, we looked at the court’s power – and, in some cases, obligation – to order a DNA test in New York paternity proceedings. New York lawmakers have passed a similar, albeit slightly different, statute…

Ever since the time that DNA testing has been recognized as a reliable method of determining paternity, family courts across the country have relied upon the testing to resolve disputes over paternity. Indeed, the New York Family Court Act…

What are Unreimbursed Business Employee Expenses in New York Child Support and Maintenance?

Divorce or family law issues for unmarried people is a complicated time for any couple, but situations can become far more complex when children are added into the mix. Not only do New York divorce attorneys and the New York Supreme or Family…

New York Family Law Blog

In this case, the petitioner filed against the respondent to whom she is married and has one child. The petitioner received a temporary order for protection against the respondent. This was ordered to direct the respondent to cease from all…

Sanns Mediation World of ADR

Parental alienation can be a huge problem for divorced or estranged parents. Parental alienation, sometimes called Hostile Aggressive Parenting, is a behavior by a parent, or another caretaker or adult a child trusts, such as…

You go through the process of getting your divorce and the court grants it. You’re finished with the process, right? Wrong! There is still plenty to be done, as this recent Forbes article indicates. What then? Look…

An Appellate Division case is a recent reminder of how to enforce a property settlement agreement (PSA) in a divorce. Divorces are granted and adjudicated in the Family Part of the Chancery Division of NJ Superior Court. …